Rule amendments requiring guardians to report pending felony and misdemeanor charges took effect June 1.

Rule amendments requiring guardians to report pending felony and misdemeanor charges took effect June 1.

The Ohio Supreme Court has adopted rules requiring guardians to report any pending felony and misdemeanor charges to the local probate court that appointed the guardianship.

The rule amendment became effective June 1.

For six years, the Rules of Superintendence have required guardians to undergo a criminal background check or, if the guardian is a licensed Ohio attorney, to provide a certificate of good standing issued by the Supreme Court. This rule remains in effect.

Neither a background check nor a certificate of good standing discloses current investigations or current pending charges.

“The amendments to Sup. R. 66.05 provide more protection for the most vulnerable individuals in our community,” Stark County Probate Judge Dixie Park said.

All guardians are now also required to complete an affidavit stating that the guardian:

• Has no pending felony or misdemeanor charges or offenses
• Has not been adjudicated for any misdemeanor or felony, and
• Acknowledges a duty to notify the local court within 72 hours if the information in the affidavit changes.

“The affidavit requirement eliminates any potential gap in information regarding the guardian’s background, further safeguarding our wards,” Judge Park said.

The amended Ohio Rule of Superintendence, including a sample affidavit can be found on the Supreme Court of Ohio’s website.